Saldi Isra: Blocking of the Budget by the Finance Minister Constitutional
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Review Session of Act on Treasury and Finance State enters fifth session on Tuesday (4/2). The government will present in the assembly of experts, one of which is a Constitutional Law expert Saldi Isra. In this occasion, Saldi asserted finance minister authority to block the budget aims to oversee the implementation of the budget according to the principles of governance that both state and free from corruption.

Through video conferencing facilities connected between the Plenary Court with FH Andalas University, Saldi Isra delivers relevant testimony and arguments of Anton Ali Abbas and Aan EkoWidiarto stating giving star to Budget by Finance Minister would be unconstitutional. To Petitioner’s argument, first Saldi explained the budget has the same status as other laws. However, the draft budget may only be submitted by the Government who truly understand what items are needed in the next state budget. Draft budget proposed by the Government and discussed by Parliament. House just approved a draft budget and provides guidance on the direction of earnings as well as the use of state funds. “The function of the House budget draft budget just to give consent. The authority of Parliament in the budget function is only to check the budget proposed by the government is compliant or not with the macro policies are set," Saldi said.

Mean while,Saldi said the Ministry of Finance has a vital role in the administration of public finance management. Therefore, the finance minister, as leader of the highest in the Ministry of Finance to act as an authorized representative of the President as fiscal managers and government representatives in the possession of wealth separated state. Saldi also asserted finance minister authority to carry out the blocking meant that the financial condition of the waking state. " Throughout the blocking is done to keep the fiscal administration of the state and does not result in changes in the expenditure ceiling ministries or agencies in the state budget , blocking the budget cannot be classified as outside efforts to change the state budget procedures . Therefore, the budget can still be run in accordance with the approved even though its implementation depends on the readiness of each state agency," said Saldi.

In addition, blocking action by the finance minister cannot be said to change the budget if the blocking is done with the indication of non-procedural actions performed by the user agency budgets. Under these conditions the blocking should be justified to the finance minister gets the conformation of the state audit agency. "In other words, blocking the budget becomes a mechanism of control by the state treasurer (finance minister, ed)," Saldi said while saying requirements for blocking should be discussed together in order to obtain legal certainty for the management and implementation of the state budget while avoiding misuse of funds.

Before ending his presentation, Saldi requested that the Court did not state finance minister the authority to block the budget as unconstitutional. Because, if it happens will damage the system of checks and balances in the management of state finances. In addition, Saldi worry duties as finance minister in the state treasurer oversee the implementation of the state budget according to the principles of governance that both state and free of corruption cannot be done well. ( YustiNurul Agustin / mh)


Wednesday, February 05, 2014 | 10:33 WIB 128